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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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If a husband and wife filed bankruptcy together, but only the

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If a husband and wife filed bankruptcy together, but only the husband completed the pre-filing counseling certificate (mistakenly believing it was one certificate for both) is there anyway to allow a Chapter 13 bankruptcy to stay active if the wife's counseling is later completed after the filing date?

Is this an automatic dismissal or can the judge order the counseling to be accepted late?

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

It may be possible, yes.

Terry L. :

If the case is still open, the debtor's would have to file a motion to split the case.

Terry L. :

Once granted, Husband's case will be ok, since the credit counseling cert was filed and taken before the case filed.

Terry L. :

The wife's case, will unfortunately be dismissed.

Terry L. :

It would not be an automatic dismissal, but the US Trustee's office will bring the motion shortly after filing to do so.

Terry L. :

The code states that the counseling must be completed 'before' the case so that cannot be waived.

Terry L. :

Do you have any questions?

Customer:

No exceptions? We would have to split the case?

Terry L. :

IF you don't the case will be dismissed, and you can refile.

Terry L. :

You would need to bring a motion to extend the automatic stay past 30 days in the 2nd case though, otherwise your protection drops.

Terry L. :

I have seen no exceptions to the counseling requirement.

Terry L. :

If she was on active duty at the time of filing, that is the only exception I know of.

Terry L. :

Any other questions sir?

Terry L. :

Are you thereCustomer

Customer:

no more questions. Thank you.

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